UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

ANNA SHANDALE,

Plaintiff,

 Civil Action 2:10-cv-1070

v. JUDGE GREGORY L. FROST

 Magistrate Judge E.A. Preston Deavers

MELISA SAMPLES HARRINGTON, et al.,

Defendants.

ORDER

This matter is before the Court for consideration of Plaintiff’s Motion for Default

Judgment (ECF No. 13), filed in response to the Court’s April 28, 2011 Show Cause Order (ECF

No. 11). In the Show Cause Order, the Court noted that the record lacked evidence of effective

service over the remaining Defendants and directed Plaintiff to show cause why the Court should

not dismiss this case pursuant to Federal Rule of Civil Procedure 4(m) for failure to effect

service. In Plaintiff’s Motion, she indicates that she attempted to serve Defendant Melissa

Samples Harrington via certified and regular mail. Plaintiff asks the Court to find that she has

perfected service and grant her request for default judgment. She alternatively moves for

additional time to perfect service. For the reasons that follow, the Court DENIES Plaintiff’s

request that the Court find that she has perfected service and DENIES her request for default

judgment, but GRANTS her request for additional time to effect service under Rule 4(m). 

Plaintiff’s previous attempts to serve Defendant Harrington via certified mail are

insufficient under Federal Rule of Civil Procedure 4 and Southern District of Ohio Local Civil

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Rule 4.2 because she, rather than the Clerk, completed the mailing.1

 Local Rule 4.2 requires

parties attempting to use Ohio certified mail service to take the following steps:

(a) [Plaintiff] shall address the envelope to the person to be served, and shall

place a copy of the summons and complaint or other document to be

served in the envelope. [Plaintiff] shall also affix to the back of the

envelope the domestic return receipt card, PS Form 3811 (the “green

card”) showing the name of sender as “Clerk, United States District Court,

Southern District of Ohio” at the appropriate address, with the certified

mail number affixed to the front of the envelope. The instructions to the

delivering postal employee shall require the employee to show to whom

delivered, date of delivery, and address where delivered. [Plaintiff] shall

affix adequate postage to the envelope and deliver it to the Clerk who

shall cause it to be mailed.

(b) The Clerk shall enter the fact of mailing on the docket and make a similar

entry when the return receipt is received. If the envelope is returned with

an endorsement showing failure of delivery, the Clerk shall forthwith

notify, electronically or by regular mail, the attorney of record or if there

is no attorney of record, the party at whose instance process was issued.

The Clerk shall enter the fact of notification on the docket and shall file

the return receipt or returned envelope in the records of the action. (Ohio

R. Civ. P. 4.1)

(c) If service of process is refused or was unclaimed, the Clerk shall forthwith

notify, by mail, the attorney of record or if there is no attorney of record,

the party at whose instance process was issued. If the attorney, or serving

party, after notification, files with the Clerk a request for ordinary mail

service, accompanied by an envelope containing the summons and

complaint or other document to be served, with adequate postage affixed

to the envelope, the Clerk shall send the envelope to the defendant at the

address set forth in the caption of the complaint, or at the address set forth

in instructions to the Clerk. The attorney or party at whose instance the

mailing is sent shall also prepare for the Clerk’s use a certificate of

mailing which shall be signed by the Clerk or a Deputy Clerk and filed at

the time of mailing. The attorney or party at whose instance the mailing is

sent shall also endorse the answer day (twenty-one (21) days after the date

of mailing shown on the certificate of mailing) on the summons sent by

1

Put another way, to satisfy this Court’s service requirements for service via certified

mail, Plaintiff needs to bring all her service mailing materials, including a copy of the summons

and Complaint, to the Clerk’s Office for processing. Local Rule 4.2 (quoted above) describes

the requirements in more detail.

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ordinary mail. If the ordinary mail is returned undelivered, the Clerk shall

forthwith notify the attorney or serving party, electronically or by mail.

(d) The attorney of record or the serving party shall be responsible for

determining if service has been made under the provisions of Rule 4 of the

Ohio Rules of Civil Procedure and this Rule.

S.D. Ohio Civ. R. 4.2.

The Court GRANTS Plaintiff’s request for additional time to effect service because the

Court finds that Plaintiff, who is proceeding without the assistance of counsel, has made a good

faith effort to effect service. Accordingly, Plaintiff shall serve Defendant Harrington with her

Complaint and provide the Court with appropriate proof of service, ON OR BEFORE MAY 26,

2011. Plaintiff should consult with counsel or review Local Civil Rule 4.2 and Federal Rule 4

for guidance on proper methods of service.2

 The Court cautions Plaintiff that failure to effect

service on or before May 26, 2011, will likely result in dismissal of Defendant Harrington

pursuant to Rule 4(m). 

In sum, the Court GRANTS IN PART AND DENIES IN PART Plaintiff’s Motion. 

(ECF No. 13.) The Court declines to find that Plaintiff’s previous efforts to serve Defendant

Harrington constitute valid service. Thus, the Court DENIES her requests for default judgment

as premature. The Court GRANTS her request for additional time to perfect service as set forth

above. The Court DIRECTS the Clerk to mail Plaintiff a packet containing guidance to pro se

plaintiffs concerning service of process.

2

Plaintiff’s proposed method of “perfect[ing] service by over night express mail which

would be signed as placed in Defendant’s mail box . . .” is also improper under Federal Rule 4

and Local Rule 4.2. (Mot. for Default 2, ECF No. 13.) 

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 IT IS SO ORDERED.

Date: May 13, 2011 /s/ Elizabeth A. Preston Deavers 

 Elizabeth A. Preston Deavers

 United States Magistrate Judge

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